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To: Red Steel

In your opinion. Courts are on record disagreeing.
Nope. The courts have avoided the issue.


Not the Indiana Court of Appeals in the case of Ankeny v The Governor of Indiana. That court decided that both John McCain and Barack Obama meet the constitutional definition of natural born citizens.
Time will tell whether the Indiana Appeals Court’s decision will be appealed and upheld or reversed at a higher judicial level.
http://nativeborncitizen.wordpress.com/2009/11/12/ankeny-v-gov-of-indiana-natural-born-defined-born-on-us-soil-regardless-of-citizenship-parents/#more-7312


306 posted on 12/11/2009 7:12:53 PM PST by jamese777
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To: jamese777
According to that Demo appointed judge, anchor babies are natural born citizens.

From your link:

[14] We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a “natural born Citizen” using the Constitution‟s Article II language is immaterial.

The judge gets it right in this aspect that Ark was not a natural born citizen but draws the incorrect conclusion. Every case from about 1850 to 1952 which had mentioned case subjects with foreign parent(s) and were born in the United States, were called 'native born' and none were called natural born citizens. Except, in the case of 1939, Perkins v. Elg, were Miss Elg was correctly called a Natural Born Citizen. The US Supreme Court have consistently differentiated 'native born' versus 'natural born' were this judge Dreyer has conflated them to be the same.

For the foregoing reasons, we affirm the trial court‟s grant of the Governor‟s motion to dismiss. Affirmed.

The case never made it to trail thus avoiding uncertainty in the issue where the judge would have less control.

312 posted on 12/11/2009 8:17:48 PM PST by Red Steel
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